Nitrous oxide: sales

The law targets nitrous oxide products and devices designed for inhalation while preserving specified medical, food-preparation, industrial, and vehicle-performance uses. Businesses can face fines, product seizure, cost recovery, and tobacco-license suspension or revocation.

What the law does ​

• Bans selling or distributing nitrous oxide containers holding more than 8 grams or designed for direct inhalation.
• Bans food-flavored or food-scented nitrous oxide and devices for inhaling or holding released nitrous oxide for inhalation.
• Sets infraction fines of up to $500 for a first offense, $1,000 for a second, and $2,000 for later offenses.
• Allows courts to suspend a business license for up to one year after a knowing violation following a prior conviction, and to revoke a tobacco-products license after a knowing violation following two prior convictions.
• Exempts specified denatured, industrial, vehicle-performance, medical, veterinary, dental, food-preparation, and sealed finished-food products.
• Authorizes the California Department of Tax and Fee Administration to seize prohibited nitrous oxide at cigarette or tobacco businesses and impose escalating civil penalties and tobacco-license sanctions.
• Makes violators responsible for reasonable public-agency costs to investigate, seize, store, transport, handle, vent, abate, dispose of, or destroy involved products and materials.

Who it affects ​

• Retailers, wholesalers, distributors, and online sellers of nitrous oxide products or inhalation devices.
• Cigarette and tobacco businesses that possess, store, own, or sell nitrous oxide in violation of the law at tobacco sales or storage sites.
• Medical, veterinary, dental, food-service, manufacturing, and vehicle-performance users relying on specified exempt products.

Context ​

Local governments may adopt or enforce stricter nitrous oxide sales restrictions.